The Pre-Employment Medical Examinations Complaints Committee consists of five members and five deputy members. The SER appoints three independent members, one of whom is the chairperson, and three deputy members.
The SER appoints three independent members, one of whom is the chairperson, and three deputy members. These six members are all experts in the field of industrial medicine and/or in the judicial field. In addition to these six appointments, two members and two deputy members are appointed by the representative organisations of the social partners. It goes without saying that Committee members, deputy members and members of staff all have a duty of confidentiality.
In outline, the duties of the Committee are:
- To process and decide on complaints about pre-employment medical examinations;
- To provide interested parties with information about the possibilities for submitting a complaint about a pre-employment medical examination.
The Committee is entitled to exercise the following powers in order to fulfil its responsibilities:
- To obtain information and consult documents insofar as this is reasonably necessary to fulfil its responsibilities;
- To invite persons directly involved in the complaint as well as witnesses for interviews;
- To involve relevant experts.
A complaint can be lodged with the Committee not just by the candidate, but also by the medical examiner or the person asking for the medical examination to be carried out (the employer).
As from 1 October 2012 the Works Council, or any other employee participation body, can also lodge complaints with the Committee or ask it for advice about pre-employment medical examinations within the organisation.
The Committee’s verdicts are not legally binding. If a particular case is taken to court, the verdict can, of course, be a guideline for the Judge.
No charge is made for any of these proceedings handled by the Committee.